South Africa Case Law

Walker v National Commissioner of the South African Police Services General Sithole and Others (38035/21)

Walker v National Commissioner of the South African Police Services General Sithole and Others (38035/21) [2022] ZAGPPHC 945 (5 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

38035/21

Judge

Khwinana

The High Court dismissed a firearms review, holding that the applicant lacked locus standi to seek amnesty for firearms licensed to his father.

• Firearms Control Act
• Locus Standi
• Amnesty Applications
• Review Of Administrative Action
• Joinder Of Parties
• Firearms-control-act

Walker v National Commissioner of the South African Police Services General KJ Sithole and Others (38035/21)

Walker v National Commissioner of the South African Police Services General KJ Sithole and Others (38035/21) [2022] ZAGPPHC 983 (5 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

38035/21

Judge

Khwinana

The High Court dismissed a review challenging refusals of firearm amnesty and appeal decisions, finding the applicant lacked locus standi to apply for the firearms.

• Firearms Control Act
• Locus Standi
• Amnesty Applications
• Review Of Administrative Action
• Joinder Of Parties
• Firearms-control-act

Gerber v Voorsitter: Komitee oor Amnestie van die Kommissie vir Waarheid en Versoening (21/99)

Gerber v Voorsitter: Komitee oor Amnestie van die Kommissie vir Waarheid en Versoening (21/99) [2001] ZASCA 48; [2001] 3 All SA 442 (A); 2001 (3) SA 1221 (SCA) (27 March 2001)

Court

Supreme Court of Appeal

Case number

21/99

Judges

Hefer, Olivier, Cameron, Brand, Mthiyane

The Supreme Court of Appeal held that the respondent's decision to refuse amnesty was based on a credibility finding against the appellant, specifically rejecting his claim that the murder was politically motivated. The court found no basis for interfering with the respondent's credibility findings, as they were supported by the appellant's failure to mention any political motive in prior proceedings and the absence of any questioning of the deceased about political affiliations during the incident. The court distinguished the appellant's case from the Makgale case, where the political motiva…

Source excerpt

• Amnesty Applications
• Equality Before Law
• Political Objective Requirement
• Review Of Administrative Decisions

S v Ndweni and Others (376/94, 390/94, 639/98)

S v Ndweni and Others (376/94, 390/94, 639/98) [1999] ZASCA 51; [1999] 4 All SA 377 (A) (31 August 1999)

Court

Supreme Court of Appeal

Case number

376/94, 390/94, 639/98

Judges

Smalberger, Grosskopf, Mpati

The court found that the applicants had made out a satisfactory case for the relief sought, as the new evidence regarding APLA's claimed responsibility, Dolo's affidavit, and identification evidence from witnesses was materially relevant and only came to light after the trial. The requirements for reopening the case and leading further evidence were satisfied, particularly given the unusual circumstances and the dictates of fairness. The court emphasized that the final outcome would depend on the trial court's assessment of all the evidence, and that success in the application did not guarant…

Source excerpt

• Leave To Adduce Further Evidence
• Reopening Of Trial
• Identification Evidence
• Amnesty Applications
• Confession Evidence